NETHERLANDS Law and Practice Contributed by: Inge de Laat, Tijmen Noordoven, Ilaha Muhseni and Laetitia Wezenbeek, Rutgers & Posch
Duration and Termination Regarding the duration and termination of the employ - ment agreement, the written information provided by the employer must specify the following: • starting date of employment – for fixed-term agree - ments, the duration of the agreement must be stated explicitly; • if a probationary period applies, its duration and conditions must be clearly indicated; and • the applicable notice periods or how these periods are calculated. Dutch law limits the use of consecutive fixed-term agreements. If an employee enters into three suc - cessive fixed-term agreements (with no more than six months between each), or if the total duration of fixed-term agreements exceeds 36 months, the last agreement will automatically convert into a permanent (indefinite) employment agreement. These rules are not only applicable to consecutive agreements with the same employer, but also to agreements with dif - ferent employers where there is reasonable continuity in the work performed. A collective labour agreement may deviate from these rules and establish shorter limits. Leave Entitlements The written information provided by the employer must specify the employee’s entitlement to paid vaca - tion and explain how these days are calculated. Any other types of paid leave and their calculation meth - ods must also be included in the written information. Remuneration and Compensation Regarding the remuneration and compensation of the employee, the written information provided by the employer must contain the following: • employee’s remuneration, including gross salary, any allowances or variable components; • method and frequency of payment; • if applicable, any performance-related pay – in such cases, the expected volume of work per day or week and the required working time must be specified; and • whether the employee participates in a pension scheme, along with any applicable conditions.
Working Hours and Schedule The agreed number of working hours per day or week must be included in the employment agreement. If overtime is applicable, the conditions and compen - sation must be described. Where working hours are irregular or unpredictable, the agreement must clarify the minimum guaranteed hours, the pay for additional hours, and the days and times when the employee may be required to work. Special Provisions If the employment relationship is based on a tempo - rary agency contract or an on-call agreement, this must be clearly stated in the employment agreement, together with the identity of the user undertaking (ie, the third party or host company where the employ - ee performs the work). If a collective labour agree - ment applies, the employment agreement must make explicit reference to it. Furthermore, any training and development opportu - nities provided by the employer should be included in the agreement. The agreement should also specify, where applicable: • the employee’s right to training provided by the employer; and • to the extent that the employer is responsible, the identity of the social security institutions to which social security contributions are paid in connec - tion with the employment relationship, as well as the social security protection provided by the employer. 1.3 Working Hours Working hours and conditions are regulated under the Working Hours Act ( Arbeidstijdenwet ). The permitted working hours depend on the industry and the nature of the work. Typically, employees can work up to 12 hours per day and no more than 60 hours per week. Averaged over four weeks, the weekly maximum is 55 hours, and over sixteen weeks, it is 48 hours per week. The Working Hours Act contains separate rules for minors and pregnant women. Any working hours set out in an individual employment agreement that conflict with the Working Hours Act can be declared null and void.
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